Sir John Walrond against Jacob Senior Henricus Van Moses
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 88 E.R. 230
IN THE KING'S BENCH.
case 243. sir john walrond against jacob senior henricus van moses. One of the bail was a material witness for the defendant, and therefore he moved that new bail might be put in, but it was denied. A motion was made for leave to change the bail in this cause, on the very day that it was to be tried by Nisi Prius, because one of them was a very material witness for the defendant. The counsel far the plaintiff objected against it, viz. that the bail should not be changed, because the principal was run away, and the bail had offered a hundred pounds reward to any person who should bring him in; besides, the new bail now offered instead of the former, were bail to an [322] action upon a South-Sea contract, in which the plaintiff had a verdict for thirteen thousand four hundred pounds, so the plaintiff in this action cannot tell what they may be worth after the payment of that sum. The Court. If the bail surrender the principal, they shall be admitted to put in new bail, and then the old bail may give evidence at the trial; but the bail now offered being bail in another action for a considerable sum, and a verdict against the principal, the plaintiff in this action cannot have timely notice to inquire into their "ircumstances; therefore the Court will not force new bail to the action, but the old ones must stand. **#*** Noia, At the trial of this cause, a case was cited, that trover lay in England for timber taken away and converted in Ireland ; and this was \iy the opinion of the late (a) Beg. v. Best, 2 Ld. Eay. 1167. S. C. 6 Mod. 185. (b) It is also said, that the Court will grant an information against overseers for this offence, Rex v. Sadler, Sayer, 260. Rex v. Tarrant, 4 Burr. 2106. But the Court has come to a resolution not to grant informations in these cases, Easter term 25 Geo. 3, and therefore it was refused against the overseers and inhabitants of Doncaster, for conspiring to prevail on a soldier to marry a poor woman of their parish then big with child, for the purpose of throwing the burthen of maintaining her on another parish, Bex v. Compton, Cald. 246. It has also been refused in a very gross case, that of a man under duress married to an ideot, Rex v. Upsdale, Mich. 28 Geo. 3, Cald. 247, notis. But if persons concurring in such a conspiracy are of good circumstances, and in. responsible situations, the Court will grant an...
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